FC: Appeals judges jab at 2600 lawyer during DeCSS oral arguments

From: Declan McCullagh (declanat_private)
Date: Tue May 01 2001 - 16:01:13 PDT

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    http://www.wired.com/news/digiwood/0,1412,43470,00.html
       
       DVD Piracy Judges Resolute
       By Declan McCullagh (declanat_private)
       2:05 p.m. May. 1, 2001 PDT
       
       NEW YORK -- A trio of federal judges lobbed sharp questions on Tuesday
       at a law school dean who argued it should be legal to distribute a
       DVD-descrambling utility.
       
       The judges, from the Second Circuit Court of Appeals, spent an hour
       quizzing attorneys for both sides in Universal Studios v. Remeirdes et
       al, a high-profile case that has pitted Hollywood against the
       open-source community.
       
       The panel of three judges appeared to be more sympathetic to the legal
       arguments raised by the entertainment industry.
       
       Judge Jon Newman predicted the widespread availabity of the DeCSS
       descrambling utility would boost piracy of DVDs. "Not a remote
       theoretical possibility, but a highly likely virtual certainty,"
       Newman said.
       
       Kathleen Sullivan, the dean of Stanford Law School, said the panel
       should rule the Digital Millennium Copyright Act -- which a district
       judge said outlawed DeCSS -- was unconstitutional, or at least did not
       apply to her client, hacker-zine 2600 Magazine. Last year, a coalition
       of movie studios sued 2600 for distributing a copy of DeCSS.
       
       Sullivan compared the controversial DMCA to a "kind of digital
       straightjacket" that restricts even people who purchase DVDs from
       copying them or using them in other ways, such as using digital
       excerpts in presentations, that courts have deemed permissible under
       U.S. law.
       
       "It's as if the laws, as applied, say you can't print a blueprint of a
       copying machine," Sullivan said.
    
       [...]
    
    
    
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